Miami Slip & Fall Lawyer

Miami property owners and managers have a responsibility to ensure hazards don’t threaten the safety or lives of people on their property. This is the basis of premises liability. Millions of Americans incur injuries every year due to property owners failing to take this responsibility seriously. The consequences of such injuries can range from minor medical bills to substantial changes to one’s quality of life. In some instances, these accidents can even result in death.

Slip and fall accidents can cause serious injuries that require expensive life-long medical treatment, such as spinal cord or traumatic brain injuries. It is essential for slip and fall accident victims in Miami to explore all options for recovery under Florida law to ensure they get the compensation they need.

Miami slip and fall lawyer Brian L. Elstein, Esq., can help if you have injuries after a slip and fall accident due to an unsafe condition on a property. At Elstein Legal, we are passionate about providing personalized and high-quality legal representation for all accident victims in Miami.

Premises Liability in Slip and Fall Cases: What You Need to Know

There are a number of ways you could potentially injure yourself at a store, restaurant, hotel, or any other property in Miami if those responsible for keeping it safe neglect their responsibility. Slip and fall accidents account for most of these cases. The following are just a few reasons you may be involved in such an accident:

Examples of Slip and Fall Accidents

Several types of accidents may qualify for compensation, including:

• Spills including water and other substances
• Uneven sidewalks or flooring
• Water left on the floor from mopping
• Debris left on the ground
• Items left in a walkway like products in a store
• Branches crossing a walkway
• Railings and guardrails that are broken or inadequate
• Poor building design that causes a fall
• Rips in carpet
• Too many people present in a location with poor lighting
• Furniture or displays crowded in an area that causes people to trip

A slip and fall may occur from an even surface or an elevated height. Legal liability arises from the failure of the property owner to take adequate measures to maintain their property in a safe condition.

If you’ve sustained serious injuries that require immediate medical attention, it’s important to address these first. Your health is your top priority. However, if you can justify documenting the scene first, you may want to do so, as property owners will often try to address a hazard after slip and fall accidents to weaken a victim’s case. Take pictures and video of the scene and your injuries.

File a Report

You need an official report of the incident to more effectively pursue compensation later. You should file such a report with property management right away.

Talk to Witnesses

Identify any witnesses and get their contact information. If you can, interview them at the scene as well, and ask if you can record these interviews. You want to get their statements when the incident is still fresh in their memories. You should also draft your own narrative of what happened as soon as possible.

Get Medical Attention

Unless your injuries are severe enough to require immediate medical care, seek medical attention after documenting the scene, filing a report, and talking to witnesses. It is important to see a doctor even if you don’t believe your injuries are very severe. What may appear to be a minor injury can develop into something much worse if left unaddressed. Medical records will typically be used as evidence in these types of cases.

Save Your Shoes

The shoes you wore will be important evidence in your case. If you continue wearing your shoes before the case moves forward, they could be worn down to the point where a property owner argues you slipped due to poor traction. As soon as possible, remove your shoes, store them in a bag, and don’t wear them again.

Establishing liability in these cases is often a complex process. This is one of the main reasons it helps to work with an experienced slip and fall attorney in Miami, FL. They understand what steps are necessary to determine who is at fault for your injuries, and to prove that your injuries were a direct result of their negligence. An attorney will also understand how to calculate the total damages you deserve. If you try to work directly with an insurance company, you likely won’t get what you are owed.

A property owner in Miami must take reasonable action to protect those on their property from hazards. For example, a store owner may put up signs letting customers know when a floor is wet. If the property owner took the necessary action but a customer injured themselves anyway because they ignored the signs, the property owner may not be liable.

Where the Accident Happened

Sometimes, the victim of a Miami slip and fall accident sustains injuries in an area of a property that was clearly marked as off-limits. This is another instance in which finding a property owner liable could be difficult.

Timing

While it is a property owner’s responsibility to address hazards, it’s important to remember that they can’t necessarily address a hazard the exact moment it arises. For example, if you injured yourself because you tripped over an item the very moment it fell onto the floor, the property owner could reasonably argue that they didn’t have an opportunity to remove the hazard before the accident occurred.

The Nature of the Hazard

There are also cases when a property owner may not be liable if the injured party ignored what should have been an obvious hazard. For instance, in one case, a woman tried to sue a grocery store after tripping over a concrete wheel stop in the parking lot. The complaint was dismissed because the defendants successfully argued that the wheel stop was too obvious to reasonably overlook and didn’t pose any inherent danger.

This isn’t to suggest you shouldn’t consider taking legal action after a slip and fall injury. On the contrary, it’s smart to work with an experienced personal injury lawyer in Miami, Florida, in order to better determine if legal action is justified.

Working With a Slip and Fall Attorney in Miami

If you have been injured in a slip and fall accident in Miami, you may be responsible for costly medical bills, lost income if your injuries prevent you from working, and other damages that do not have a clear monetary value, such as pain and suffering.

You can seek compensation for those losses if the accident resulted from someone else’s negligence. Florida’s premises liability laws require property owners to take reasonable steps to prevent hazards from causing accidents on their properties.

Elstein Legal was founded on the idea that every person should have the dedicated, professional legal representation they deserve. We can represent you in your Miami slip and fall case and pursue compensation on your behalf. We offer full-service legal representation and will advocate for you in court.

Meet Brian L. Elstein, Florida Personal Injury Lawyer

Personal injury lawyer Brian L. Elstein, Esq. has helped recover millions of dollars on behalf of his clients, and understands the importance of aggressively advocating for injured victim’s and their families.

Call now for a FREE consultation!
(305) 299-2835